Legal Opinion

King v. Commissioner

United States Tax Court

Decided May 16, 1979No. Docket No. 864-78Published

Petitioners constructed a new house intending to make it their home and moved most of their furniture into it in late 1976. They spent some weekends in the new house. However, since petitioner husband was unable to find employment in the vicinity of the new house, at all times prior to Jan. 1, 1977, they lived on a day-to-day basis in a rented house in another city where he was employed.

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Petitioners constructed a new house intending to make it their home and moved most of their furniture into it in late 1976. They spent some weekends in the new house. However, since petitioner husband was unable to find employment in the vicinity of the new house, at all times prior to Jan. 1, 1977, they lived on a day-to-day basis in a rented house in another city where he was employed. Held, petitioners are not entitled to the credit provided for by sec. 44(a), I.R.C. 1954, for the construction of a new principal residence since they did not meet the requirement of sec. 44(e)(1)(B) that to…

1Opinion of the Court

Glen M. King and Elizabeth A. King, Petitioners v. Commissioner of Internal Revenue, Respondent

King v. Commissioner

Docket No. 864-78

United States Tax Court

72 T.C. 349; 1979 U.S. Tax Ct. LEXIS 118;

May 16, 1979, Filed

Decision will be entered under Rule 155.

Petitioners constructed a new house intending to make it their home and moved most of their furniture into it in late 1976. They spent some weekends in the new house. However, since petitioner husband was unable to find employment in the vicinity of the new house, at all times prior to Jan. 1, 1977, they lived on a day-to-day basis in a…

2Cases cited5 opinions

  1. Stolk v. CommissionerUnited States Tax Court · 1963
  2. Bayley v. CommissionerUnited States Tax Court · 1960
  3. Shaw v. CommissionerUnited States Tax Court · 1978
  4. United States v. Edwin L. Sheahan and Deborah M. SheahanCourt of Appeals for the Fifth Circuit · 1963
  5. King v. CommissionerUnited States Tax Court · 1979

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